Evicting a Tenant

Tenancy problems can arise from a number of different situations, but whatever the cause, settling them is often extremely difficult. Unfortunately, on certain occasions, the only way to resolve long-term tenancy issues such as non-payment of rent, nuisance and persistent breach of contract is through eviction.

Evicting tenants can be a long and complicated process, but with help and advice from Howells Solicitors, it needn’t be. Our expert solicitors can provide you with a fast and cost-effective eviction service, so that you are able to regain possession of your property without unnecessary delay.

Should you wish to evict your tenant during the period of their tenancy, you can only do so if certain statutory grounds are met. These grounds fall under two categories, either ‘discretionary’ or ‘mandatory’.

Discretionary Grounds

Discretionary grounds include:

• Some rent arrears
• Persistent late payment of rent
• Breach of tenancy agreements
• Antisocial behaviour
• Damage to the property

If one of these grounds is met, the court may carry out a repossession order if they deem it’s reasonable.

Mandatory Grounds

Mandatory grounds include:

• More than eight weeks rent arrears owing, or two months if your tenant pays monthly
• Repossession by your mortgage lender
• Your intended redevelopment of the property
• Antisocial behaviour (if the tenant has been convicted of this in court)

If you can prove that mandatory grounds exist, the court must make a possession order. This will end your tenant’s legal right to live in your property.

How to Evict a Tenant

Should you wish to evict your tenant during their tenancy agreement, you must do so by filing a Section 8 notice (notice to quit). This is a formal legal notice that informs your tenant that should they fail to remedy any breaches in their contract within a certain time period, you will be eligible to ask the court to evict them.

Find out more about serving a section 8 notice here.

You cannot evict a tenant yourself, and you may be guilty of harassing your tenants if you don’t follow the correct procedure. Trying to remove your tenant by changing the locks or removing their possessions is illegal, and you could be prosecuted if you do so.

If you need to regain possession of your property during a tenancy period, Howells Solicitors can help. Whether you are seeking legal advice on evicting a tenant, require assistance in issuing a Section 8 notice or need representation in court, our expert team of solicitors are on hand to provide you with the service you need.

Find out how Howells Solicitors can make the eviction process easier for you. Call us free on 0808 178 2773 or fill in our online enquiry form today.

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